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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that regular bail could not be granted and dismissed the bail application.

Summary

Prakash Kumar was arrested in connection with a case registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, relating to the killing of a boy during a gang-related fight. The petitioner argued that he was not named in the FIR and that the incident stemmed from a dispute over a stolen mobile, asserting no involvement in the murder. The State contended that during investigation Kumar’s name emerged and that he had confessed to being a founder member of the biker gang, emphasizing his prior case and the risk of absconding or tampering with evidence. The court examined the seriousness of the offences, the petitioner’s antecedent, and the potential threat to law‑and‑order posed by the biker gang. Considering these factors, the court was not inclined to grant regular bail. Consequently, the bail application was rejected, with the petitioner allowed to re‑apply after charge framing.

Issues considered

  • Whether regular bail can be granted to the petitioner despite not being named in the FIR
  • Whether the petitioner’s alleged involvement in a biker gang and prior case constitute grounds to deny bail
  • Whether the seriousness of the offences (murder, common intention, illegal arms) outweighs the presumption of innocence in bail considerations

Legislation cited

Subjects

  • bail
  • murder
  • common intention
  • Arms Act
  • biker gang
  • regular bail
  • criminal procedure
  • evidence tampering
  • antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18834 of 2026
                    Arising Out of PS. Case No.-116 Year-2023 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Prakash Kumar Son of Yogendra Bhagat @ Jogendra Bhagat Resident of
                 Brahmasthan Gali Sheikhpura Police Station -Shastri Nagar, Dist- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anurag Pandey, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State, Mr. Rabindra Kumar.

                                2. The petitioner seeks bail in connection with Shastri

                   Nagar PS Case No. 116 of 2023 registered for the offences

                   punishable under Sections 302 and 34 of the Indian Penal Code

                   and Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and is in custody since

                   17.09.2025 and the informant alleges that on 30.01.2023 at

                   05:30 PM, a boy came and informed that criminals have shot

                   near a chowmein shop, the informant, accordingly, came to the

                   place of occurrence and saw his grandson in an injured

                   condition and police was taking him to the hospital, accordingly,

                   he enquired from the local people, who disclosed that nine
Patna High Court CR. MISC. No.18834 of 2026(2) dt.07-05-2026
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          accused persons had come who committed the occurrence and

          also disclosed the name of Shivam, Anand, Dev, Shivji and

          Abhijit, further on 29.01.2023, Shubham had called his

          grandson as a fight had ensued with someone, further on

          account of the said dispute, accused killed his grandson.

                       4. The learned counsel for the petitioner submits that

          petitioner is not named in the FIR and during the course of

          investigation, it transpired that few days back, the mobile of the

          deceased was snatched by the biker gang and the deceased along

          with his friend had assaulted the biker gang member and the

          occurrence is a fall out of the said fight.

                       5. At this stage, the learned APP, Mr. Rabindra

          Kumar, submits that though petitioner is not named in the FIR,

          but then his name transpired during the course of investigation

          and he in his confessional statement has stated that he is one of

          the founder members of the biker gang. It is also submitted that

          biker gang is a menace for Patna and police is taking steps to

          ensure that these biker gangs do not create law and order

          situation within the city. It is also submitted that petitioner has

          antecedent of one case and the occurrence of killing is on

          account of fight which ensued, as biker gang had snatched the

          mobile of the deceased, hence, if privilege of regular bail is
            Patna High Court CR. MISC. No.18834 of 2026(2) dt.07-05-2026
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                      granted, the petitioner may abscond or try to tamper with the

                      evidence.

                                   6. After hearing the learned counsel for the parties,

                      the Court is not inclined to release the petitioner on bail.

                                   7. However, the petitioner would be at liberty to

                      renew his prayer for bail after framing of charge.

                                   8. Accordingly, the instant regular bail application

                      stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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